§3355g — Title 50 War and National Defense | U.S. Code

Summary

Names important words used in this part of the law and says what they mean. "Agency" means an Executive agency, a military department, or any other part of the executive branch that gets classified information, but it does not include the Board. "Classified material" or "classified record" covers many kinds of documents and media (letters, memos, books, maps, drawings, photos, films, sound recordings, videotapes, machine-readable files, and similar items) that an Executive order says must be kept secret for national security. "Declassification" means deciding those items no longer need that protection. "Donated historical material" means personal papers given to a Federal Presidential library or archive. A "Federal Presidential library" is one run by the U.S. government through the National Archives and Records Administration under the Federal Records Act of 1950. "National security" means national defense or foreign relations. "Records or materials of extraordinary public interest" are those that (1) show important national security policies, events, actions, or how they developed, (2) give a notably different view than other public sources, and (3) would need special searches outside regular declassification programs. "Records of archival value" are items the Archivist decides should be kept for their historical or other value.

Title 50, §3355g

War and National Defense — Source: USLM XML via OLRC

In this subchapter:

(1)(A)Except as provided in subparagraph (B), the term “agency” means the following:

(i)An Executive agency, as that term is defined in section 105 of title 5.

(ii)A military department, as that term is defined in section 102 of such title.

(iii)Any other entity in the executive branch that comes into the possession of classified information.

(B)The term does not include the Board.

(2)The terms “classified material” and “classified record” include any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable records, and other documentary material, regardless of physical form or characteristics, that has been determined pursuant to Executive order to require protection against unauthorized disclosure in the interests of the national security of the United States.

(3)The term “declassification” means the process by which records or materials that have been classified are determined no longer to require protection from unauthorized disclosure to protect the national security of the United States.

(4)The term “donated historical material” means collections of personal papers donated or given to a Federal Presidential library or other archival repository under a deed of gift or otherwise.

(5)The term “Federal Presidential library” means a library operated and maintained by the United States Government through the National Archives and Records Administration under the applicable provisions of the Federal Records Act of 1950.

(6)The term “national security” means the national defense or foreign relations of the United States.

(7)The term “records or materials of extraordinary public interest” means records or materials that—

(A)demonstrate and record the national security policies, actions, and decisions of the United States, including—

(i)policies, events, actions, and decisions which led to significant national security outcomes; and

(ii)the development and evolution of significant United States national security policies, actions, and decisions;

(B)will provide a significantly different perspective in general from records and materials publicly available in other historical sources; and

(C)would need to be addressed through ad hoc record searches outside any systematic declassification program established under Executive order.

(8)The term “records of archival value” means records that have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Records Act of 1950, referred to in par. (5), was title V of act

June 30, 1949, ch. 288, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, which was classified generally to sections 392 to 396 and 397 to 401 of former Title 44, Public Printing and Documents. section 6(d) of act Sept. 5, 1950, was repealed by Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238, the first section of which enacted Title 44, Public Printing and Documents. For disposition of sections of former Title 44, see Table at the beginning of Title 44. Title V of act

June 30, 1949, was repealed by Pub. L. 107–217, § 4, Aug. 21, 2002, 116 Stat. 1303. Codification Section was formerly set out in a note under section 3161 of this title.

§3355g Definitions

Summary

Title 50, §3355g

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata